I moved to my mother's town in 1998 to help her and my father. I continued to help her checking on her every day until her death this year. In 2005 she changed her life insurance policy beneficiary from all 4 children to myself. My brother is the executor of the will mom wrote in the late 1980's. He claims I must split the life insurance check with the other children equally because the will states all assets and personal items to be divided equally. He is threatening me with hiring a lawyer to get the money.
As Mr. Frederick pointed out, your brother's interpretation is in error, precisely because the insurance benefits are direct, never passing through the will or probate. Nevertheless, if he does hire a lawyer to pursue the matter, you might have to hie one also, to protect your rights.
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No. The insurance policy passes outside of probate to the named beneficiary. The Will covers only assets that pass through probate. Your brother is out of luck. He should hire an attorney, however, because he is likely to make additional mistakes if he does not.
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Divorce / Separation Lawyer
I agree. The insurance would not be part of the estate that passes under the will.
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